The Changing Landscape of Transparency in Investor-State Arbitration: The UNCITRAL Transparency Rules and Mauritius Convention

Abstract

This article examines the recent developments in transparency in investor-State arbitration. Part II begins with a brief definition of “transparency” as the term is used in discussions about investor-State arbitration. It then proceeds to provide an outline of the principal normative arguments which explain the recent drive for increased transparency in investor-State arbitration. Part III analyses recent global trends on transparency in treaty-based investment arbitration. Part IV elaborates on the application of the 2014 UNCITRAL Rules on Transparency and their key provisions. Finally, Part V addresses the United Nations Convention on Transparency in Treaty-based Investor-State Arbitration (“the Mauritius Convention”), which opened for signature in April 2015.